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Confidentiality Agreements › Section 7 › Administrative Law Judge (ALJ)

Lippes Mathias LLP

New NLRB Decision Finds That Employer Severance Agreements Conditioned on Broad Non-Disparagement and Confidentiality Provisions...

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On February 21, 2023, the Board issued a decision in McLaren Macomb, Case 07-CA-263041, ruling that broad non-disparagement and confidentiality provisions in an employee severance agreement are unlawful. This decision...more

Proskauer - Labor Relations Update

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

Proskauer - Labor Relations Update on

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

Proskauer - Labor Relations Update on

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Proskauer - Labor Relations Update on

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

Sheppard Mullin Richter & Hampton LLP on

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July / August 2016

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NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Fisher Phillips

The NLRB takes another cut at non-disclosure agreements.

Fisher Phillips on

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

Brownstein Hyatt Farber Schreck

NLRB Overturns ALJ Decision; Finds Confidentiality Agreement Violated Employee Rights

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On Feb. 24, 2015, the National Labor Relations Board (NLRB) held that a Washington transportation company’s Confidentiality Agreement violated the National Labor Relations Act (NLRA). The case was titled, Battle’s Transp.,...more

Morgan Lewis

NLRB Judge Rules on Confidentiality and Non-Disparagement Provisions

Morgan Lewis on

ALJ strikes down provisions in an employment agreement for violating the NLRA, finding they chilled employees' exercise of Section 7 rights. On January 8, an Administrative Law Judge (ALJ) for the National Labor...more

FordHarrison

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

FordHarrison on

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

Epstein Becker & Green

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Epstein Becker & Green on

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

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